Ellis v. Burden
Supreme Court of Alabama
Error to the first district, Southern Chancery Division sitting at Mobile. THIS was a bill filed for specific performance, by the plaintiff in error, against the defendant in error.
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Error to the first district, Southern Chancery Division sitting at Mobile. THIS was a bill filed for specific performance, by the plaintiff in error, against the defendant in error. The bill charges, that the respondent applied to him to build sixteen small tenements in the city of Mobile, and do certain other work for him, and in compensation therefor, proposed to make him a title in fee simple, to three of said tenements; the wood work of the houses to be done by the respondent: that they entered into an agreement in writing to that effect, which is set out in the bill. The instrument…
1Opinion of the CourtOrmond, J.
— If any material term of a written contract, has been omitted by the parties, it cannot be supplied by parol. To permit this, would be at once to abrogate the statute of frauds, as was held by this court, in the case of Adams v. McMillan, Executor, 7th Porter, 73. See also the case of Clinian v. Cook, 1 Schoale & Lefroy, 22, where all the cases on this subject are learnedly examined, and Beard v. White’s administrator at the present term.
*465What then does the written contract relied on in this case contain, and in what is it deficient. It proposes the erection of sixteen tenements on St.…
2Cited by31 opinions
- Kidd v. EarlySupreme Court of North Carolina · 1976
- Minge v. GreenSupreme Court of Alabama · 1912
- Homan v. StewartSupreme Court of Alabama · 1893
- Webb v. Webb's HeirsSupreme Court of Alabama · 1857
- General Securities Corporation v. WeltonSupreme Court of Alabama · 1931
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